Terms of Service

1. Introduction and Acceptance

1.1These Terms of Service (the “Terms”) form a legally binding agreement between PB Atelier Limited, a company incorporated under the laws of the Federal Republic of Nigeria with registration number RC NO. 8109061 and registered office at 66 Ndidem Usang Iso Road, Calabar, Cross River State. (“Sekkool”, “we”, “us” or “our”), and the individual or organisation that registers for, accesses or uses the Service (“Customer”, “you” or “your”).

1.2Sekkool operates an online construction project-management software platform made available at https://sekkool.com and through related web and mobile applications, together with all associated features, tools, content and services (collectively, the “Service”).

1.3By creating an account, clicking “I agree” (or a similar control), entering into an Order, joining a Pilot, or otherwise accessing or using any part of the Service, you confirm that you have read, understood and agree to be bound by these Terms, the Privacy Policy, and any applicable Order or plan-specific terms. If you do not agree, you must not access or use the Service.

1.4If you accept these Terms on behalf of a company, firm or other legal entity, you represent and warrant that you have authority to bind that entity, in which case “you” and “Customer” refer to that entity.

1.5These Terms incorporate by reference the Privacy Policy, the Data Processing Addendum (where applicable), the acceptable-use provisions in Clause 12, and any plan, pricing or feature terms presented to you at sign-up or in an Order. In the event of conflict, the order of precedence is: (a) a signed Order; (b) the Data Processing Addendum; (c) these Terms; (d) the Privacy Policy.

2. Definitions

In these Terms, the following capitalised terms have the meanings given below. Other capitalised terms are defined where they first appear.

“Account” means the Customer account created to access and use the Service.

“Authorised User” means an individual within your organisation (such as an owner, project manager, site engineer, quantity surveyor or foreman) whom you authorise to use the Service under your subscription and for whom a paid seat is required where applicable.

“Collaborator” means an external party you invite to participate in a project at no additional seat charge, such as a client, consulting architect, engineer or quantity-surveying firm, whose access is limited to the projects and functions you grant them.

“Confidential Information” has the meaning given in Clause 17.

“Customer Data” means all data, drawings, documents, records, project information, financial figures, personnel information and other content that you or your Authorised Users or Collaborators submit to, store in, or generate through the Service.

“Documentation” means the user guides, help materials and specifications for the Service that we make available.

“Fees” means the subscription charges and any other amounts payable for the Service, as set out in the applicable plan or Order.

“Founding Member” means a Customer admitted to the Founding Member programme described in Clause 7.

“NDPA” means the Nigeria Data Protection Act 2023 and any subsidiary regulation, directive or guidance issued under it by the Nigeria Data Protection Commission (“NDPC”), as amended from time to time.

“Order” means an online sign-up flow, order form or written agreement under which you subscribe to a plan or to additional services.

“Payment Processor” means a third-party payment service provider used to collect Fees, including Paystack and Flutterwave.

“Pilot” means the time-limited evaluation programme described in Clause 8.

“Regulatory Content” means reference information, registers, checklists, process guides, indicative material-price data, compliance-tracking fields and similar material made available within the Service relating to construction regulation, professional bodies, permits, pricing or statutory obligations, as described in Clause 18.

“Subscription” means your paid right to access the Service under a selected plan.

“Subscription Term” means the billing period of your Subscription (for example, monthly), together with each renewal period.

3. Eligibility and Registration

3.1To use the Service you must be at least 18 years old and have the legal capacity to enter into a binding contract under Nigerian law. The Service is intended for businesses and professionals operating in the construction sector and is not directed at consumers acting outside a trade or profession.

3.2You agree to provide accurate, current and complete information when registering and to keep that information up to date. We may refuse registration, or suspend or close an Account, where information is found to be false, misleading or incomplete.

3.3Unless we agree otherwise in writing, each organisation may maintain one primary Account. You are responsible for all activity carried out under your Account and by your Authorised Users and Collaborators.

4. Account Security

4.1You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must not share credentials except as necessary to administer Authorised Users through the features provided.

4.2You must notify us promptly at support@sekkool.com. if you become aware of any unauthorised access to or use of your Account, or any other breach of security.

4.3We may introduce security measures, including multi-factor authentication and session controls, and may require you to adopt them as a condition of continued access.

5. The Service

5.1The Service provides tools to plan, manage and document construction projects, which may include (without limitation) project dashboards, tasks and milestones, bills of quantities, daily site logs, workforce and labour records, document management, request-for-information and variation tracking, messaging, and reporting. The specific features available depend on your plan.

5.2Authorised Users consume seats under your plan where seats apply. Collaborators are provided at no additional seat charge and may be granted limited, project-specific access. You remain responsible for the conduct of, and for all data submitted by, your Authorised Users and Collaborators.

5.3We continuously develop the Service and may add, modify, or remove features. We will not materially reduce the core functionality of a paid plan during a paid Subscription Term without giving you reasonable prior notice and, where a change is materially adverse and you do not accept it, a right to cancel and receive a pro-rata refund of pre-paid Fees for the unused period.

6. Subscription Plans, Pricing and Seats

6.1We offer the following standard plans. The current features, limits and prices for each plan are those displayed on our website or in your Order at the time you subscribe, and prevail over any summary in these Terms:

• Professional plan — ₦12,500 per month (or the then-current price), intended for individual professionals and small contractors.
• Studio plan — ₦150,000 per month (or the then-current price), intended for larger firms and multi-project operations.
• Founding Member plan — ₦7,500 per month locked for the lifetime of the Subscription, available to the first twenty (20) qualifying Customers only, subject to Clause 7.

6.2Collaborator seats are provided free of charge on every plan. We reserve the right to set fair-use limits on the number of Collaborators or projects and to define the access available to Collaborators.

6.3All Fees are stated in Nigerian Naira (₦). Unless expressly stated to be inclusive, Fees are exclusive of Value Added Tax (VAT) and any other applicable taxes, levies or duties, which will be added where required by law (see Clause 9).

6.4Subscriptions are billed in advance for each Subscription Term. Seat counts, plan limits and add-ons are charged as set out in your Order or the plan page.

7. Founding Member Programme

7.1The Founding Member programme is open to the first twenty (20) Customers who subscribe to a paid plan under the programme, on a first-come, first-served basis. We may close the programme at any time once the limit is reached or otherwise at our discretion.

7.2A Founding Member is entitled to the price of ₦7,500 per month “locked for life”, meaning the monthly Fee for the Founding Member’s plan will not be increased for so long as the conditions in Clause 7.3 are continuously met. This price applies to the equivalent plan benefits as offered to Founding Members and does not entitle the Founding Member to free upgrades to higher-tier plans or to add-ons that carry separate charges.

7.3The locked price is conditional on, and continues only while: (a) the Subscription remains active and in good standing; (b) Fees are paid in full and on time, with no lapse, chargeback or unremedied failed payment; and (c) you do not cancel, voluntarily downgrade below the Founding Member plan, or materially breach these Terms.

7.4The Founding Member benefit is personal to the Account, is non-transferable, and may not be assigned, sold or shared. If the Subscription lapses, is cancelled, is downgraded, or is terminated for any reason, the Founding Member benefit is permanently lost and any new or reinstated Subscription will be charged at the then-current standard price.

8. Pilot Programme

8.1We may offer a structured Pilot, typically of six (6) weeks, allowing you to evaluate the Service free of charge. Participation may be conditional on commitments agreed at the outset, including providing structured feedback at defined intervals.

8.2No Fees are charged during the Pilot period. Unless you cancel before the end of the Pilot, or unless we agree otherwise, your participation will convert to a paid Subscription on the plan and price notified to you, and you authorise us to begin charging Fees from the conversion date.

8.3If you do not convert to a paid Subscription, your access will end and your Customer Data will be handled in accordance with Clause 24 and the Privacy Policy, including a window in which you may export your data before deletion.

8.4Pilot access is provided “as is”, may include pre-release features, and may be modified, suspended or withdrawn at any time. The warranties in Clause 20 do not apply to Pilot use except as required by law.

9. Billing, Payment and Taxes

9.1Fees are collected through our Payment Processors currently Paystack. By subscribing, you authorise us and our Payment Processors to charge your selected payment method on a recurring basis for each Subscription Term until you cancel in accordance with these Terms.

9.2Subscriptions renew automatically at the end of each Subscription Term at the then-current price (subject to Clause 7 for Founding Members and Clause 11 for price changes), unless cancelled before the renewal date.

9.3If a payment fails, we may retry the charge, and may suspend or downgrade your access until payment is received. We may also offer or require alternative payment channels (such as bank transfer or USSD) to cure a failed payment. You remain responsible for keeping a valid payment method on file.

9.4You are responsible for all applicable taxes, including VAT at the prevailing statutory rate. Where we are required to charge VAT or other taxes, these will be added to your Fees. Where you are required by law to make a withholding from a payment, you must gross up so that we receive the full amount due, except to the extent a valid credit or exemption is provided as required by law.

9.5We are not responsible for fees, charges, declines or delays imposed by your bank, card issuer or the Payment Processor, nor for currency-conversion costs where you pay in a currency other than Naira.

10. Refunds and Cancellations

10.1Except where required by applicable law or expressly stated in these Terms, all Fees are non-refundable, and there are no refunds or credits for partially used periods, downgrades, or unused features.

10.2You may cancel your Subscription at any time through the Service or by contacting us. Cancellation takes effect at the end of the current Subscription Term; you retain access until then, and your Subscription will not renew thereafter.

11. Renewals, Price Changes, Upgrades and Downgrades

11.1We may change standard plan prices, features or limits. For existing Customers, we will give at least thirty (30) days’ prior notice of a price increase, which will take effect from the start of the next Subscription Term after the notice period. Continued use after the effective date constitutes acceptance; if you do not accept, you may cancel before the change takes effect. This Clause 11.1 does not apply to the Founding Member locked price, which is governed by Clause 7.

11.2Upgrades take effect immediately and may be charged on a pro-rata basis for the remainder of the current Subscription Term. Downgrades take effect at the start of the next Subscription Term and may reduce the features, seats, limits or data capacity available to you. You are responsible for ensuring your usage fits within the lower plan before a downgrade takes effect.

12. Licence and Acceptable Use

12.1Subject to these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service for your internal business purposes during the Subscription Term.

12.2You must not, and must not permit any Authorised User, Collaborator or third party to:

• copy, modify, distribute, sell, resell, lease, sublicense or otherwise commercially exploit the Service except as expressly permitted;
• reverse engineer, decompile, disassemble or attempt to derive the source code, structure or underlying ideas of the Service, except to the extent this restriction is prohibited by law;
• access the Service to build, train or benchmark a competing product or service, or copy its features or design;
• introduce viruses, malware or harmful code, or interfere with or disrupt the integrity, security or performance of the Service;
• use bots, scrapers or automated means to access or extract data except through interfaces we expressly provide;
• circumvent usage limits, access controls or authentication, or attempt to gain unauthorised access to any system or data;
• upload or transmit unlawful, infringing, defamatory, fraudulent or harmful content, or content for which you do not hold the necessary rights and consents;
• use the Service in breach of any applicable law, regulation or third-party right.

12.3We may investigate suspected breaches of this Clause 12 and may suspend, restrict or terminate access in accordance with Clause 23.

13. Customer Data and Content

13.1As between you and us, you own all rights in your Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, display and otherwise use Customer Data solely to the extent necessary to provide, secure, maintain and improve the Service, to comply with law, and to provide support.

13.2You are solely responsible for the accuracy, quality, legality and appropriateness of Customer Data, and for obtaining all rights, permissions and consents necessary for us to process it, including the consent of, or another lawful basis in respect of, any individuals whose personal data you or your Collaborators upload (such as staff, artisans or clients).

13.3You must maintain your own backups of important Customer Data. While we take reasonable measures to protect data, you remain responsible for retaining independent records, particularly for financial, payroll, contractual and regulatory purposes.

13.4We may collect and use aggregated and de-identified data derived from use of the Service (which does not identify you or any individual) for analytics, security, benchmarking and improvement of the Service.

14. Intellectual Property

14.1The Service, including all software, source code, designs, user interfaces, text, graphics, Documentation, and the “Sekkool” name and logo, and all intellectual property rights in them, are and remain owned by us or our licensors. No rights are granted to you except the limited licence expressly set out in these Terms.

14.2If you provide suggestions, feedback or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or obligation to you.

15. Third-Party Services and Integrations

15.1The Service relies on, and may integrate with, third-party services, including Payment Processors, hosting and infrastructure providers, email delivery providers and messaging services (such as WhatsApp). Your use of those services may be subject to their own terms and policies.

15.2We are not responsible for the acts, omissions, availability, security or performance of third-party services, and any integration is provided on an “as available” basis. A third party changing, restricting or discontinuing its service is not a breach of these Terms by us.

16. Data Protection and Privacy

16.1Each party will comply with the NDPA and other applicable data-protection laws in respect of personal data processed in connection with the Service. Our collection and use of personal data for our own purposes (for example, account administration and billing) is described in the Privacy Policy, where we act as a data controller.

16.2Where we process personal data contained in Customer Data on your behalf and under your instructions, we act as a data processor and you act as the data controller. In that case, the Data Processing Addendum applies and forms part of these Terms. You are responsible for establishing a lawful basis for that processing and for fulfilling data-subject requests, with our reasonable assistance as set out in the Data Processing Addendum.

16.3We implement appropriate technical and organisational measures designed to protect personal data against unauthorised access, loss or disclosure, and will notify you without undue delay on becoming aware of a personal-data breach affecting Customer Data, as required by the NDPA.

16.4Where personal data is transferred or stored outside Nigeria (for example, by our infrastructure providers), we will put in place safeguards required by the NDPA. We will register with, and maintain any filings required by, the NDPC to the extent applicable to our processing.

17. Confidentiality

17.1“Confidential Information” means non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is identified as confidential or that ought reasonably to be understood to be confidential, including Customer Data, pricing, and the non-public features of the Service. It does not include information that is or becomes public other than through breach, is independently developed, or is lawfully received from a third party without restriction.

17.2The Recipient will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers who need it and are bound by confidentiality obligations. A party may disclose Confidential information where required by law or a competent authority, giving prior notice where lawfully permitted.

18. Regulatory, Professional and Informational Disclaimer

18.1The Service may include Regulatory Content, such as building-approval registers, listings of agencies and professional bodies, document checklists, process guides, indicative or reference material prices (including within bill-of-quantities tools), and compliance-tracking fields (such as fields referencing COREN, ARCON, SURCON, TOPREC or similar bodies). Regulatory Content is provided for general information and workflow support only.

18.2Regulatory Content does not constitute legal, regulatory, engineering, architectural, surveying, town-planning, tax, accounting, employment or other professional advice, and is not a substitute for advice from an appropriately qualified and registered professional. Laws, fees, forms, portals, agency names and structures change frequently and vary by state, and Regulatory Content may be incomplete or out of date.

18.3You are solely responsible for verifying current requirements with the relevant authority for your specific location and project, for engaging appropriately registered professionals, and for obtaining all permits, approvals and certificates required by law. Sekkool does not prepare or file applications, obtain approvals, certify compliance, or guarantee any regulatory or professional outcome.

18.4Cost, payroll, payment, pricing and other financial tools within the Service are aids to your own calculations and record-keeping. You remain responsible for the accuracy of all figures you enter or generate, for all statutory deductions and remittances (including PAYE, pension, NSITF and similar obligations), and for compliance with applicable labour, employment, tax and financial law. We do not provide financial, payroll-administration or money-transmission services unless expressly stated in a separate agreement.

18.5To the maximum extent permitted by law, any reliance you place on Regulatory Content or financial tools is at your own risk, and we are not liable for losses arising from such reliance, subject to Clause 21.

19. Service Availability, Support and Changes

19.1We will use commercially reasonable efforts to keep the Service available, but do not guarantee uninterrupted or error-free operation unless a separate service-level agreement is agreed in writing. The Service may be unavailable during scheduled maintenance, for which we will give reasonable notice where practicable, and during emergency maintenance.

19.2We provide support through the channels and during the hours stated for your plan (which may include email and messaging support). Response times are targets, not guarantees, unless agreed in a separate service-level agreement.

19.3We may modify or discontinue the Service or any feature. Where a change is likely to have a material adverse effect on your use during a paid Subscription Term, Clause 5.3 applies.

20. Warranties and Disclaimers

20.1We warrant that we will provide the Service with reasonable skill and care and substantially in accordance with the Documentation. Your exclusive remedy for breach of this warranty is for us to use reasonable efforts to correct the non-conformity or, if we cannot do so within a reasonable time, to terminate the affected Subscription and refund pre-paid Fees for the unused period.

20.2Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, conditions and representations, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, or that data will not be lost or corrupted.

20.3Nothing in these Terms excludes or limits any warranty or liability that cannot lawfully be excluded or limited under Nigerian law.

21. Limitation of Liability

21.1To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, business, anticipated savings, goodwill, or loss or corruption of data, whether in contract, tort (including negligence) or otherwise, even if advised of the possibility of such loss.

21.2To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort or otherwise, will not exceed the total Fees paid by you to us for the Service in the twelve (12) months immediately before the event giving rise to the liability (or, where no Fees have been paid, ₦50,000).

21.3Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

22. Indemnification

22.1You will defend, indemnify and hold us, our officers, employees and agents harmless from and against any claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Data or your use of the Service; (b) your breach of these Terms or of any law; (c) your infringement or misappropriation of any third-party right; or (d) any dispute between you and your Authorised Users, Collaborators, clients or personnel.

23. Suspension and Termination

23.1We may suspend or restrict your access to the Service, in whole or in part, where: (a) Fees are overdue; (b) we reasonably believe there is a security risk, unlawful use, or breach of Clause 12; or (c) suspension is required by law or by a competent authority. Where practicable, we will give notice and an opportunity to cure.

23.2Either party may terminate the Subscription for material breach by the other that is not remedied within fourteen (14) days of written notice, or immediately on written notice if the other party becomes insolvent or ceases to carry on business.

23.3You may terminate by cancelling your Subscription under Clause 10.2. We may terminate or decline to renew a Subscription on notice at the end of a Subscription Term.

24. Effect of Termination

24.1On termination or expiry of a Subscription, your right to access the Service ends. For a period of thirty (30) days afterwards (or such other period stated in the Privacy Policy or Data Processing Addendum), you may request export of your Customer Data in a commonly used format. After that period, we may delete or anonymise Customer Data in the ordinary course, subject to any retention required by law.

24.2Termination does not relieve you of the obligation to pay Fees accrued before termination. Any provision which by its nature should survive termination (including Clauses 13, 14, 17, 18, 20, 21, 22, 24, 26 and 28) will survive.

25. Force Majeure

25.1Neither party is liable for any delay or failure to perform (other than an obligation to pay money) caused by events beyond its reasonable control, including acts of God, flood, fire, epidemic or pandemic, war or civil unrest, governmental action, strikes, failure of public power supply or telecommunications, internet or hosting-provider outages, or the failure of a Payment Processor. The affected party will use reasonable efforts to mitigate the effect.

26. Governing Law and Dispute Resolution

26.1These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of the Federal Republic of Nigeria.

26.2The parties will first attempt in good faith to resolve any dispute through negotiation between senior representatives within thirty (30) days of written notice of the dispute.

26.3If the dispute is not resolved, it will be referred to and finally resolved by arbitration under the Arbitration and Mediation Act 2023, before a sole arbitrator, with the seat of arbitration in Lagos, Nigeria, and proceedings conducted in English. The arbitral award is final and binding. Notwithstanding this clause, either party may seek urgent injunctive or interim relief from the courts of Lagos State.

27. Notices

27.1We may give notices to you by email to the address associated with your Account, by posting within the Service, or by posting on our website. You may give notices to us by email to info.pbatelier@gmail.com or by writing to our registered office. Notices are deemed received when sent by email (absent a delivery failure) or, if posted, on the date of posting.

28. General Provisions

28.1Entire agreement. These Terms, together with the documents incorporated by reference and any Order, constitute the entire agreement between the parties regarding the Service and supersede all prior understandings. You have not relied on any statement not expressly set out in these Terms.

28.2Amendments. We may update these Terms from time to time. We will post the updated Terms and, for material changes, give reasonable notice (for example, by email or in-Service notice). Changes take effect on the stated effective date, and your continued use of the Service after that date constitutes acceptance. If you do not accept a change, your remedy is to stop using and cancel the Service.

28.3Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.

28.4Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions will continue in full force.

28.5Waiver. A failure or delay in exercising any right is not a waiver of it, and no single or partial exercise prevents any further exercise.

28.6No partnership or agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the parties.

28.7Third parties. A person who is not a party to these Terms has no right to enforce any of its provisions.

28.8Language. These Terms are made in the English language, which prevails over any translation.

29. Contact

If you have questions about these Terms or the Service, contact: